Contract to stay at job

becky4131

Hi,

Basically a bit about my situation...i have recently qualified as a veterinary nurse and working in a private veterinary practice.
The training to become a vet nurse is on the job and takes 2 years full time (one day a week at college and the rest in work).

I completed my 2nd year training at the practice i work at now, whilst training the practice paid me a wage for the hours i worked and the time i spent at college. The government paid for my college fees (a scheme to encourage young people to train) but before i started my training i had to sign a contract that my practice drew up to say i would stay working for them for 3 years after i qualified. If i leave within this period i have to pay back x amount to cover college fees and training fees. They are wanting over 3,000 pound back if i leave within 3 years!

When i signed the contract i was really happy where i work but i have been moved to a branch surgery that is taking me over an hour to get to and with no increase in pay i simply can't afford to continue travelling there each day.

Will the contract be legally binding if i leave? I could understand if they had paid my fees but they haven't. Really worried about leaving and having to pay the money to them but simply can't continue.

Any advice appreciated.

Vader123

becky4131 wrote: »

Will the contract be legally binding if i leave? .

If they had decided not to release you to college (and pay you for it!) would you be pointing to the agreement saying "I signed it!".

And why would you sign an agreement if you thought it might not be "legally binding".

Plus the signed agreement states that you will stay there for 3 years regardless of fees and who paid them.

The mind boggles.

Anyway, yes its binding to what you signed and quite standard procedure.

Vader

Sambucus_Nigra

becky4131 wrote: »

Hi,



I completed my 2nd year training at the practice i work at now, whilst training the practice paid me a wage for the hours i worked and the time i spent at college. The government paid for my college fees (a scheme to encourage young people to train) but before i started my training i had to sign a contract that my practice drew up to say i would stay working for them for 3 years after i qualified. If i leave within this period i have to pay back x amount to cover college fees and training fees. They are wanting over 3,000 pound back if i leave within 3 years!

When i signed the contract i was really happy where i work but i have been moved to a branch surgery that is taking me over an hour to get to and with no increase in pay i simply can't afford to continue travelling there each day.

Will the contract be legally binding if i leave? I could understand if they had paid my fees but they haven't. Really worried about leaving and having to pay the money to them but simply can't continue.

Any advice appreciated.

I'd be inclined to calculate how much they paid you for when you were at college and approach them with your conundrum; that you were planning on staying but when they moved you it changed things and thus you are in a different situation so can you both come to an agreement on maybe paying back the wages [as they paid no fees] and leave without the condition in the contract.

SarEl

I'm inclined to agree with Vader. Whilst an employer does have to show that the expenses claimed are justified, I think that if your time at college was paid for two years then you might find that the £3k isn't exactly off the mark! And the contract is certainly legally binding - you agreed to it and signed it. The one glimmer is that the percentage you have to repay should really diminish over time, and courts have upheld such a diminishment - but not immediately and not within the first year.

It is worth checking whether your employment contract covers relocation to another part of practice - if it doesn't then you could refuse to move (although I wouldn't recommend it) or ask for some help with travel costs over and above what you previously paid.

One other thing to bear in mind is that there are not a lot of vets etc around - and they all know each other. So leaving in bad grace isn't exactly a career enhancing move and may mean that you find your qualification won't help you secure another job.

becky4131

SarEl wrote: »

I'm inclined to agree with Vader. Whilst an employer does have to show that the expenses claimed are justified, I think that if your time at college was paid for two years then you might find that the £3k isn't exactly off the mark! And the contract is certainly legally binding - you agreed to it and signed it. The one glimmer is that the percentage you have to repay should really diminish over time, and courts have upheld such a diminishment - but not immediately and not within the first year.

It is worth checking whether your employment contract covers relocation to another part of practice - if it doesn't then you could refuse to move (although I wouldn't recommend it) or ask for some help with travel costs over and above what you previously paid.

One other thing to bear in mind is that there are not a lot of vets etc around - and they all know each other. So leaving in bad grace isn't exactly a career enhancing move and may mean that you find your qualification won't help you secure another job.

I only completed one year at college whilst at this practice (my 2nd year) my first year i completely funded through university. I attended college between september and july for 4 hours on a friday (went back to work afterwards). It would be this time that they have funded and my exam fees also so nowhere near 3000 pound.

There are lots of vets in my area and a real shortage of qualified vet nurses, i have already been offered 2 jobs but turned them down because i was ok at the practice then. I have asked for help with travel expenses but no luck, really didn't want to leave but feel i have no other option. I happily signed the contract because i had no plans to move to a new job, i was happy at the practice i was at and was told this is where i would stay once qualified. Not only is the other practice must further away i am expected to run it on my own (with vet just coming for operations and consults) and i often spend 10 hours of the day on my own-not what i want.

Vader123

becky4131 wrote: »

I only completed one year at college whilst at this practice (my 2nd year) my first year i completely funded through university. I attended college between september and july for 4 hours on a friday (went back to work afterwards). It would be this time that they have funded and my exam fees also so nowhere near 3000 pound. .

Then why did you sign the agreement?

Why has it not been challenged before now?

Why is it only a issue after your move to another branch?

Can you see the issue here?

becky4131 wrote: »

There are lots of vets in my area and a real shortage of qualified vet nurses, i have already been offered 2 jobs but turned them down because i was ok at the practice then. I have asked for help with travel expenses but no luck, really didn't want to leave but feel i have no other option. I happily signed the contract because i had no plans to move to a new job, i was happy at the practice i was at and was told this is where i would stay once qualified. Not only is the other practice must further away i am expected to run it on my own (with vet just coming for operations and consults) and i often spend 10 hours of the day on my own-not what i want.

Sorry, but the issues at the branch and your time travelling are seperate issues.

you need to take up the travelling issues with your employer and check your contract.

What you can't do is suddenly decide to rip up a signed agreement you benefitted from because things have changed.

Vader

becky4131

Vader123 wrote: »

Then why did you sign the agreement?

Why has it not been challenged before now?

Why is it only a issue after your move to another branch?

Can you see the issue here?




Sorry, but the issues at the branch and your time travelling are seperate issues.

you need to take up the travelling issues with your employer and check your contract.

What you can't do is suddenly decide to rip up a signed agreement you benefitted from because things have changed.

Vader

I am not 'ripping' up anything just asking for advice that is all. I will quite happily pay back any expenses they paid just not more than they have paid. I have already discussed my travelling issues with my boss and got no joy, that is why i am looking at other options. I signed the contract because at the time it was either sign it or not have a job...i have a mortgage and bills to pay so i needed to keep my job. I might take the contract to a solicitor and get legal advice as to exactly what i have to pay back and then approach my boss over it.

Vader123

becky4131 wrote: »

I am not 'ripping' up anything just asking for advice that is all. I will quite happily pay back any expenses they paid just not more than they have paid. I have already discussed my travelling issues with my boss and got no joy, that is why i am looking at other options. I signed the contract because at the time it was either sign it or not have a job...i have a mortgage and bills to pay so i needed to keep my job. I might take the contract to a solicitor and get legal advice as to exactly what i have to pay back and then approach my boss over it.

Can I suggest you do that.

I can't help you anymore, perhaps legal advice might be better.

Vader

albacookie

Are you a BVNA member? I think they give free legal advice, BVA certainly do.
Did you get a payrise when you passed your exams?

becky4131

No i am not a BVNA member, i want to join but just can't afford it at the moment. Iv heard that the legal advice tell you that you have to stick to the contract.

I haven't had a pay rise yet....they won't give me a rise until i have registered as an RVN, only just sent off my application to register as had to save the 98.00 pound fee it costs to register. My pay rise will only be 15-20p an hour extra so nothing major.

Feed_The_Reaper

You need to dig out the contract and look at it carefully to see what the small print says.

Look for anything that says any change to the agreement will forfeit the contract and then consider whether the change in workplace is grounds enough for that change in agreement? If you signed a contract to carry on working for WORKPLACE ADDRESS under the understanding of being funded, then they may have broken the agreement if they now expect you to work at ALTERNATIVE WORKPLACE ADDRESS instead.

If there is nothing in it to suggest that, what you could do is consider writing to them and stating that you signed the contract on the understanding that you would continue to work at PLACE A and that by moving the position you signed for to PLACE B which is unacceptable for you, is not what you signed for and that you will leave their employment.

The problem you have is you may still have to repay them fees, but you should also dig around for all fees paid and who paid them and show evidence of exactly what it is that this company has paid for your education, and then write to them stating that you have evidence to say they only paid X amount of money, and that you will be willing to pay THAT amount back as the they didnt fund you fully on the course, and that you wish to arrange a repayment agreement with them over those fees.

Chances are if you throw in threats of seeking legal advice over the contract and its details and also state you WILL pay back what they paid out, making sure you have proof of the revised amount they paid out, they may just agree to accept the new agreement, and if you belief that they paid something like £1500 instead, you could arrange to either pay it all up from a small loan, or just offer to repay it in installements..... a small price to pay for your contractual freedom from them?

At the end of the day the contract is probably legally binding and you will forfeit if you leave and will be expected to repay the debt..... but you have a few options, such as proving they didnt pay as much as they did, arranging some sort of installment plan for payments, and like i mentioned, digging through the fine print of the contract to see whether there is a get-out clause for any major change to the contract on their behalf, notably the moving of location of the position you agreed to fill upon passing your course. It might be viewed in an contract dispute as grounds for unreasonable behaviour to agree your continuing employment and then change the location of that employment to somewhere not ideally suitable for you and then expect the contract to remain in force.

Good luck